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Home , Evidence (law), Tampering with evidence

Utah Code

Part 5 Falsification in Official Matters

76-8-501 Definitions. As used in this part: (1) "False statement" includes a false unsworn declaration, with "unsworn declaration" being defined in Section 78B-18a-102. (2) "Material" means capable of affecting the course or outcome of an official proceeding, unless the person who made the statement or provided the information retracts the statement or information before the earlier of: (a) the end of the official proceeding in which the statement was made or the information was provided; (b) when it becomes manifest that the false or misleading nature of the statement or information has been or will be exposed; or (c) when the statement or information substantially affects the proceeding. (3) "Official proceeding" means: (a) any proceeding before: (i) a legislative, judicial, administrative, or other governmental body or official authorized by to take under oath or affirmation; (ii) a notary; or (iii) a person that takes evidence in connection with a proceeding described in Subsection (3)(a) (i); (b) any civil or administrative action, , examination under oath, administrative proceeding, or other civil or administrative adjudicative process; or (c) an investigation or audit conducted by: (i) the , or a house, committee, subcommittee, or task force of the Legislature; or (ii) an employee or independent contractor of an entity described in Subsection (3)(c)(i), at or under the direction of an entity described in Subsection (3)(c)(i).

Amended by Chapter 298, 2018 General Session

76-8-502 False or inconsistent material statements. A person is guilty of a of the second degree if in any official proceeding: (1) He makes a false material statement under oath or affirmation or swears or affirms the truth of a material statement previously made and he does not believe the statement to be true; or (2) He makes inconsistent material statements under oath or affirmation, both within the period of limitations, one of which is false and not believed by him to be true.

Amended by Chapter 324, 1997 General Session

76-8-503 False or inconsistent statements. (1) Except as provided in Subsection (2), a person is guilty of a class B if: (a) the person makes a false statement under oath or affirmation or swears or affirms the truth of the statement previously made and the person does not believe the statement to be true if: (i) the falsification occurs in an official proceeding, or is made with a purpose to mislead a public servant in performing the public servant's official functions; or

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(ii) the statement is one that is authorized by law to be sworn or affirmed before a notary or other person authorized to administer oaths; or (b) the person makes inconsistent statements under oath or affirmation, both within the period of limitations, one of which is false and not believed by the person to be true. (2) Subsection (1) does not include obstructing a legislative proceeding, as described in Section 36-12-9.5. (3) A person is not guilty under this section if the person retracts the falsification before it becomes manifest that the falsification has been or will be exposed.

Amended by Chapter 167, 2014 General Session

76-8-504 Written false statement. A person is guilty of a class B misdemeanor if: (1) He makes a written false statement which he does not believe to be true on or pursuant to a form bearing a notification authorized by law to the effect that false statements made therein are punishable; or (2) With intent to deceive a public servant in the performance of his official function, he: (a) Makes any written false statement which he does not believe to be true; or (b) Knowingly creates a false impression in a written application for any pecuniary or other benefit by omitting information necessary to prevent statements therein from being misleading; or (c) Submits or invites reliance on any writing which he knows to be lacking in authenticity; or (d) Submits or invites reliance on any sample, specimen, map, boundary mark, or other object which he knows to be false. (3) No person shall be guilty under this section if he retracts the falsification before it becomes manifest that the falsification was or would be exposed.

Enacted by Chapter 196, 1973 General Session

76-8-504.5 False statements -- Preliminary . (1) A person is guilty of a class A misdemeanor if the person makes a false statement: (a) which the person does not believe to be true; (b) that the person has reason to believe will be used in a ; and (c) after having been notified either verbally or in writing that: (i) the statement may be used in a preliminary hearing before a or a ; and (ii) if the person makes a false statement after having received this notification, he is subject to a criminal penalty. (2) Notification under Subsection (1) is sufficient if it is verbal or written and is in substantially the following form: "You are notified that statements you are about to make may be presented to a magistrate or a judge in lieu of your sworn at a preliminary examination. Any false statement you make and that you do not believe to be true may subject you to criminal punishment as a class A misdemeanor."

Enacted by Chapter 215, 1999 General Session

76-8-504.6 False or misleading information. (1) A person is guilty of a class B misdemeanor if the person, not under oath or affirmation, intentionally or knowingly provides false or misleading material information to:

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(a) an officer of the for the purpose of influencing a criminal proceeding; or (b) the Bureau of Criminal Identification for the purpose of obtaining a certificate of eligibility for: (i) expungement; or (ii) removal of the person's name from the White Collar Registry created in 77, Chapter 42, Utah White Collar Crime Offender Registry. (2) For the purposes of this section "officer of the court" means: (a) ; (b) judge; (c) court clerk; (d) interpreter; (e) presentence investigator; (f) officer; (g) officer; and (h) any other person reasonably believed to be gathering information for a criminal proceeding. (3) This section does not apply under circumstances amounting to Section 76-8-306 or any other provision of this code carrying a greater penalty.

Amended by Chapter 131, 2015 General Session

76-8-505 False or inconsistent statements -- of falsity of statements -- Irregularities no . (1) On any prosecution for a violation of Subsection 76-8-502(1) or 76-8-503(1)(a), falsity of a statement may not be established solely through contradiction by the testimony of a single . (2) In prosecutions for violation of Subsection 76-8-502(2) or 76-8-503(1)(b), it need not be alleged or proved which of the statements are false but only that one or the other is false and not believed by the defendant to be true. (3) It is not a defense to a charge under this part that the oath or affirmation was administered or taken in an irregular manner.

Amended by Chapter 324, 1997 General Session

76-8-506 Providing false information to officers, government agencies, or specified professionals. A person is guilty of a class B misdemeanor if he: (1) knowingly gives or causes to be given false information to any officer or any state or local government agency or personnel with a purpose of inducing the recipient of the information to believe that another has committed an offense; (2) knowingly gives or causes to be given to any peace officer, any state or local government agency or personnel, or to any person licensed in this state to practice social work, psychology, or marriage and family therapy, information concerning the commission of an offense, knowing that the offense did not occur or knowing that he has no information relating to the offense or danger; or (3) knowingly gives or causes to be given false information to any state or local government agency or personnel with a purpose of inducing a change in the person's licensing or certification or the licensing or certification status of another.

Amended by Chapter 92, 2005 General Session

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76-8-507 False personal information to peace officer. (1) A person commits a class C misdemeanor if, with intent of misleading a peace officer as to the person's identity, birth date, or place of residence, the person knowingly gives a false name, birth date, or address to a peace officer in the lawful of the peace officer's official duties. (2) A person commits a class A misdemeanor if, with the intent of leading a peace officer to believe that the person is another actual person, he gives the name, birth date, or address of another person to a peace officer acting in the lawful discharge of the peace officer's official duties.

Amended by Chapter 42, 2002 General Session

76-8-508 Tampering with witness -- Receiving or soliciting a bribe. (1) A person is guilty of the third degree felony of tampering with a witness if, believing that an official proceeding or investigation is pending or about to be instituted, or with the intent to prevent an official proceeding or investigation, he to induce or otherwise cause another person to: (a) testify or inform falsely; (b) withhold any testimony, information, document, or item; (c) elude legal process summoning him to provide evidence; or (d) absent himself from any proceeding or investigation to which he has been summoned. (2) A person is guilty of the third degree felony of soliciting or receiving a bribe as a witness if he solicits, accepts, or agrees to accept any benefit in of his doing any of the acts specified under Subsection (1). (3) The offense of tampering with a witness or soliciting or receiving a bribe under this section does not merge with any other substantive offense committed in the course of committing any offense under this section.

Amended by Chapter 140, 2004 General Session

76-8-508.3 Retaliation against a witness, victim, or informant. (1) As used in this section: (a) A person is "closely associated" with a witness, victim, or informant if the person is a member of the witness', victim's, or informant's family, has a close personal or business relationship with the witness or victim, or resides in the same household with the witness, victim, or informant. (b) "Harm" means physical, emotional, or economic injury or damage to a person or to his , reputation, or business interests. (2) A person is guilty of the third degree felony of retaliation against a witness, victim, or informant if, believing that an official proceeding or investigation is pending, is about to be instituted, or has been concluded, he: (a) (i) makes a threat of harm; or (ii) causes harm; and (b) directs the threat or action: (i) against a witness or an informant regarding any official proceeding, a victim of any crime, or any person closely associated with a witness, victim, or informant; and (ii) as retaliation or retribution against the witness, victim, or informant.

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(3) This section does not prohibit any person from seeking any legal redress to which the person is otherwise entitled. (4) The offense of retaliation against a witness, victim, or informant under this section does not merge with any other substantive offense committed in the course of committing any offense under this section.

Enacted by Chapter 140, 2004 General Session

76-8-508.5 Tampering with juror -- Retaliation against juror -- Penalty. (1) As used in this section "juror" means a person: (a) summoned for duty; or (b) serving as or having served as a juror or alternate juror in any court or as a juror on any of the state. (2) A person is guilty of tampering with a juror if he attempts to or actually influences a juror in the discharge of the juror's service by: (a) communicating with the juror by any means, directly or indirectly, except for attorneys in lawful discharge of their duties in open court; (b) offering, conferring, or agreeing to confer any benefit upon the juror; or (c) communicating to the juror a threat that a would believe to be a threat to injure: (i) the juror's person or property; or (ii) the person or property of any other person in whose welfare the juror is interested. (3) A person is guilty of tampering with a juror if he commits any unlawful act in retaliation for anything done by the juror in the discharge of the juror's service: (a) to the juror's person or property; or (b) to the person or property of any other person in whose welfare the juror is interested. (4) Tampering with a juror is a third degree felony.

Amended by Chapter 219, 1992 General Session

76-8-509 or to dismiss criminal proceeding. (1) A person is guilty of a felony of the second degree if by the use of force or by any threat which would constitute a means of committing the crime of by extortion under this code, if the threat were employed to obtain property, or by promise of any reward or pecuniary benefits, he attempts to induce an alleged victim of a crime to secure the dismissal of or to prevent the filing of a criminal complaint, , or information. (2) "Victim," as used in this section, includes a child or other person under the care or custody of a parent or guardian.

Enacted by Chapter 196, 1973 General Session

76-8-510.5 -- Definitions -- Elements -- Penalties. (1) As used in this section, "thing or item" includes any document, record book, paper, file, electronic compilation, or other evidence. (2) A person is guilty of tampering with evidence if, believing that an official proceeding or investigation is pending or about to be instituted, or with the intent to prevent an official proceeding or investigation or to prevent the production of any thing or item which reasonably

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would be anticipated to be evidence in the official proceeding or investigation, the person knowingly or intentionally: (a) alters, destroys, conceals, or removes any thing or item with the purpose of impairing the veracity or availability of the thing or item in the proceeding or investigation; or (b) makes, presents, or uses any thing or item which the person knows to be false with the purpose of deceiving a public servant or any other party who is or may be engaged in the proceeding or investigation. (3) Subsection (2) does not apply to any offense that amounts to a violation of Section 76-8-306. (4) (a) Tampering with evidence is a third degree felony if the offense is committed in conjunction with an official proceeding. (b) Any violation of this section except under Subsection (4)(a) is a class A misdemeanor.

Amended by Chapter 167, 2014 General Session

76-8-511 Falsification or alteration of government record -- Penalty. A person is guilty of a class B misdemeanor if under circumstances not amounting to an offense subject to a greater penalty under Title 76, Chapter 6, Part 5, , the person: (1) knowingly makes a false entry in or false alteration of anything belonging to, received, or kept by the government for information or record, or required by law to be kept for information of the government; (2) presents or uses anything knowing it to be false and with a purpose that it be taken as a genuine part of information or records referred to in Subsection (1); or (3) intentionally destroys, conceals, or otherwise impairs the verity or availability of the information or records, knowing that the destruction, concealment, or impairment is unlawful.

Amended by Chapter 238, 2003 General Session

76-8-512 Impersonation of officer. A person is guilty of a class B misdemeanor who: (1) impersonates a public servant or a peace officer with intent to deceive another or with intent to induce another to submit to his pretended official authority or to rely upon his pretended official act; (2) falsely states he is a public servant or a peace officer with intent to deceive another or to induce another to submit to his pretended official authority or to rely upon his pretended official act; or (3) displays or possesses without authority any badge, identification card, other form of identification, any restraint device, or the uniform of any state or local governmental entity, or a reasonable facsimile of any of these items, with the intent to deceive another or with the intent to induce another to submit to his pretended official authority or to rely upon his pretended official act.

Amended by Chapter 4, 2013 Special Session 1 Amended by Chapter 4, 2013 Special Session 1

76-8-513 False judicial or official notice. A person is guilty of a class B misdemeanor who, with a purpose to procure the compliance of another with a request made by the person, knowingly sends, mails, or delivers to the person a notice or other writing which has no judicial or other sanction but which in its format or appearance

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simulates a summons, complaint, court order, or process, or an insignia, seal, or printed form of a federal, state, or local government or an instrumentality thereof, or is otherwise calculated to induce a belief that it does have a judicial or other official sanction.

Enacted by Chapter 196, 1973 General Session

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